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HomeMy WebLinkAboutPC Reso 18-3061RESOLUTION NO. 18-3061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING VARIANCE (PLN -18-00040), THEREBY ALLOWING A 400 -SQUARE -FOOT GARAGE TO ENCROACH PASS HALF (1/2) OF THE REAR YARD AND A 3 - FOOT SIDE YARD SETBACK ON THE PROPERTY LOCATED AT 13426 EARNSHAW AVENUE, AND ZONED R-1 (SINGLE- FAMILY RESIDENTIAL) THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. John Sanchez and Maria Tovar filed an application requesting approval of a Variance (PLN -18-00040) to allow the construction of a new 400 square foot detached two -car garage that occupies more than the allowable one-half (1/2) of the required rear yard setback and to allow a 392 square foot addition to existing residence to encroach two -feet into the required five-foot north side setback, located at 13426 Earnshaw Avenue, zoned R-1 5,000 (Single -Family Residential); and, B. On July 5, 2018, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, C. The Planning Commission held a duly noticed public hearing on July 18, 2018 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 3), New Construction or Conversion of Small Structures. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: A. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone. In terms of physical layout, the property has a substandard lot width of 36 feet. The substandard width of the lot prohibits certain construction that would be permitted by right on other similarly zoned properties. The minimum width on a standard shaped R-1 5,000 zone property is 50 feet. Therefore, the conditions specific to the property make it increasingly difficult for the site to accommodate new construction. Resolution No. 18-3061 Downey Planning Commission B. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. The construction of a standard two -car garage cannot take place on the subject property by -right because doing so would conflict with other required standards (Section 9534.22(a)). This conflict is created due to the narrow width (36 feet) of the lot. The burden present upon this property is not one present upon a standard shaped lot with the required minimum lot width of 50 feet. This is because a 50 foot wide lot, most common in the R-1 5,000 zone, would have an ample amount of space to provide a two -car garage and not conflict with Code Section 9534.22(a). Therefore, given that the situation is specific to this lot, and similarly shaped lots, and not experienced by standard shaped lots it can be determined that the provisions of this article would deprive the property owner from enjoying their property as others in the same zone or vicinity. C. The exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. Multiple lots along Earnshaw Avenue, in close proximity to this property, were subdivided as a part of the original development. Changes to the lot size were also made when Earnshaw Avenue was improved from 30 wide to 50 feet wide. Since then the lot has remained the same as currently subdivided. No major renovation or configurations to the building footprint have been approved since the original building permit. These actions predate current development standards, as well as the current property owners. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or building in the same vicinity and zone in which the property is located. The applicant's request for a reduced side yard setback of 3 feet is commonly approved when appropriate on all single- family developments through the ministerial approval of a Minor Modification application. Furthermore, a reduced side yard setback of less than five feet is found on all substandard lots along Earnshaw Avenue. In regards to the construction of a new two -car garage, approving the variance for deviation from Code Section 9534.22(a) would not create a privilege for the property, but rather enable the property owner's ability to construct something that is by right on a standard shaped lot. E. That the granting of such variance will be in harmony and not adversely affect the General Plan of the City. In addition, the Variance helps achieve and promote the following goals: Goal 2.5. — Minimize the impacts from lack of parking. There currently are no adequate parking facilities on site. Providing a two -car garage would help divert cars away from the public right-of-way. Goal 8.1. — Promote quality design for new, expanded, and remodeled construction. This goal is achieved by allowing new construction that is more consistent, compatible, and similar in character to standard shaped lots with a two -car garage. In addition, this is further promoted by the applicant's attempt to design the new construction to match the existing home. PLN -18-00049 —13426 Earnshaw Avenue July 18, 2018 - Page 2 Resolution No. 18-3061 Downey Planning Commission F. That the reasons set forth in the application justify the granting of the variance and the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The main reason is that the property is unable to meet all applicable development standards due to its narrow lot width, which creates an exceptional circumstance not experienced by most properties. Furthermore, the proposed addition to the main dwelling is of modest size and below the maximum density allowed for the zone. This includes the addition of one more bedroom to the existing one story home. Lastly, the dimensions required for a standard garage would make this request the minimum variance possible for achieving the reasonable use of the land, building, and structure. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves a Variance (PLN -18-00040), subject to the Conditions of Approval attached hereto as Exhibit A — Conditions, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of July 2018. Patrick Owens, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 18th day of July 2018, by the following vote, to wit: AYES: COMMISSIONERS: Flores, Dominguez, Duarte, Frometa and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary Ca nagh, Secretary City Planning Commission PLN -18-00049 — 13426 Earnshaw Avenue July 18, 2018 - Page 3 Resolution No. 18-3061 Downey Planning Commission EXHIBIT A CONDITIONS OF APPROVAL PLN -18-00040 (VARIANCE) PLANNING 1) This approval of a Variance (PLN -18-00040) to allow the construction of a new 400 square foot detached two -car garage that occupies more than the allowable one-half (1 /2) of the required rear yard setback and a 359 square foot addition to existing residence to encroach two -feet into the required five-foot north side setback. 2) Approval of this Variance shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) The project must be in substantial compliance with the approved set of plans. 4) The new garage must maintain an interior dimension of 20 feet by 20 feet and remain unobstructed by any encroachments, including but not limited to structural features, shelves, cabinets, appliances, storage and equipment. 5) Prior to the submittal of plans into Building and Safety Plan Check or commencement of business, whichever occurs first, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 6) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 7) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 8) The property owner must conduct a setback certification, completed by a licensed land surveyor and inspected by City staff, before the commencement of any foundation related construction. PLN -18-00049 —13426 Earnshaw Avenue July 18, 2018 - Page 4 Resolution No. 18-3061 Downey Planning Commission BUILDING 9) All construction shall comply with the most recent adopted City and State building codes: a. 2016 California Building Code b. 2016 California Residential Code C. 2016 California Electrical Code d. 2016 California Mechanical Code e. 2016 California Plumbing Code f. 2016 California Fire Code g. 2016 California Green Code 10) Special Inspections — As indicated by California Building Code Section 1704, the owner shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1704. Please contact the Building Division at time of plan submittal to obtain application for special inspections. 11) The Title Sheet of the plans shall include: a. Occupancy Group b. Occupant Load C. Description of use d. Type of Construction e. Height of Building f. Floor area of building(s) and/or occupancy group(s) 12) School impact fees shall be paid prior to permit issuance. 13) Dimensioned building setbacks and property lines, street centerlines and between buildings or other structures shall be designed on plot plan. 14) All property lines and easements must be shown on plot plan. A statement that such lines and easements are shown is required. 15) The project design will conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumptions light fixtures, and insulation and shall use to the extent feasible draught landscaping. FIRE 16) All construction shall comply with applicable CA Building and Residential Codes. 13) Building construction that is altered, extended in height and area shall meet the Building Code requirements for fire-resistant rated construction and fire separation. 14) Existing residential occupancies which undergo major additions/alterations exceeding 50% of the value of said building; or exceed 5,000 sq. ft. shall be provided with an approved automatic fire extinguisher system throughout the residence [DMC 3319]. END OF CONDITIONS PLN -18-00049 —13426 Earnshaw Avenue July 18, 2018 - Page 5